House committee substitute to the 1st edition deletes the previous provisions and now provides the following.
Part I
Amends GS 58-1-5, defining fraudulent insurance act to mean an act or omission affecting the business of insurance committed by a person with the intent to injure, defraud, or deceive another person in violation of GS Chapter 58 (Insurance).
Amends GS 58-2-50, concerning examinations, hearing, and investigations under GS Chapter 58. Authorizes the Commissioner of Insurance (Commissioner) to investigate and prosecute suspected fraudulent insurance acts and persons engaged in the business of insurance. Grants the Commissioner eight specified authorities, including the authority to inspect, copy, and collect records and evidence; serve subpoenas; execute search warrants and arrest warrants for criminal violations of the Chapter; arrest, upon probably cause, without warrant a person found in the act of violating or attempting to violate a Chapter provision; make criminal referrals to prosecuting authorities; and conduct investigations outside of the State. Deletes the previous provision authorizing the Commissioner to arrest with warrant or cause a person or persons to be arrested when the Commissioner or any investigator appointed to conduct the investigation believes evidence exists to charge with a criminal violation of the Chapter. Prohibits any person from knowingly or intentionally interfering with the enforcement of the Chapter's provisions or investigations of suspected or actual violations of the Chapter.
Makes conforming changes to GS 58-2-160 to refer to fraudulent insurance acts.
Enacts GS 58-2-166 to require claims for payment or other benefits or applications for issuance of an insurance policy to contain a warning statement regarding fraudulent insurance acts, as provided. Adds that the lack of the required statement is not a defense to any prosecution for a fraudulent insurance act. Requires policies issued by nonadmitted insurers to contain a disclosure statement of the insurer's status to do business in the State where the policy is delivered, issued for delivery, or the state where covereage is in force; provides for satisfaction of this disclosure by satisfying the requirements of GS 58-21-45 or GS 58-22-20. Excludes from the statute's requirements reinsurance claims forms and resinsurance applications. Enacts GS 58-2-167 to require insurers to have in place antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts. Sets parameters for the initiatives and their modification, including requiring an antifraud plan meeting specified criteria submitted to the Commissioner. Specifies that antifraud plans submitted to the Commissioner are proprietary, privileged, confidential, and not public records under specified statutes, and are not subject to discovery or subpoena in a civil or criminal action. Effective January 1, 2020.
Enacts GS 58-2-168, specifying that information and evidence provided under GS 58-2-160 and GS 58-2-163 or obtained by the Commissioner in an investigation of suspected or actual fraudulent insurance acts are privileged, confidential, not public records, and not subject to discovery or subpoena in a civil or criminal action. Authorizes the Commissioner to share/receive documents, materials, or other information with/from specified entities, so long as confidentiality and privilege is maintained, as specified. Clarifies that the Commissioner is not prohibited from providing information to or receiving information from any law enforcement authority or from complying with subpoenas or other lawful process in criminal actions, or as otherwise provided in Article 2 of GS Chapter 58. Deems there to be no waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information disclosed to the Commissioner or as a result of sharing authorized by the statute.
Enacts GS 58-2-169, specifying that Article 2 does not preempt, prevent, or limit other law enforcement or regulatory authority, as specified.
Retitles GS 58-58-267 Fraudulent viatical settlement act warning required (was Fraud warning required).
Makes clarifying change to GS 58-58-285 (regarding the effects of Part 5, Viatical Settlements, of Article 58 on other law enforcement or regulatory authority).
Part II
Amends GS 58-2-161 (False statement to procure or deny benefit of insurance policy or certificate), narrowing the offenses set out in subdivision (b)(2). Now provides for the offense of assisting or abetting (previously additionally included soliciting or conspiring with) another person in preparing or making a false or misleading statement to procure or deny a benefit of an insurance policy or certificate with the intent to defraud or deceive the insurer or insurance claimant. Provides new criminal penalties for subsection (b) offenses, which include making or assisting or abetting another to make a false or misleading statement to procure or deny a benefit of an insurance policy or certificate with the intent to defraud or deceive the insurer or insurance claimant. Now provides for the person to be guilty of a Class 1 misdemeanor if the value of the claim for payment or other benefit sought is less than $1,000, a Class H felony if the value of the claim for payment or other benefit sought is more than $1,000, a Class E felony if the value of the claim for the payment sought is $50,000 or more, and a Class C felony if the value of the claim for payment or the benefit sought is $100,000 or more (previously, all violations were a Class H felony). Additionally, authorizes a fine of no more than $10,000 for each violation of the statute. Lastly, permits each claim to be considered a separate count (previously mandated). Makes organizational changes.
Amends GS 58-2-164, increasing the penalty for rate evasion fraud from a Class 3 misdemeanor to a Class 1 misdemeanor. Additionally, modifies the offense language to include assisting or abetting another person as previously specified in existing language (previously included soliciting or conspiring with another person). Adds a new provision making it a Class H felony if a violation of subsection (b) is committed with respect to an application for insurance or amendment to a policy of auto insurance for more than one passenger vehicle. Makes organizational changes.
Adds to GS 58-3-150, making it unlawful for any person, with the intent to injure, defraud, or deceive, who prepares, issues, or requests a certificate of insurance that meets the criteria of subdivisions (f)(2) or (f)(3) (contains any false or misleading information, or purports to alter, amend, or extend the coverage provided by the policy of insurance to which the certificate of insurance makes reference); punishable as a Class 1 misdemeanor if the value of the certificate of insurance is less than $5,000, or a Class I felony if the value of the certificate of insurance is $5,000 or more.
Provides Part II is effective December 1, 2019.
The Daily Bulletin: 2019-03-11
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The Daily Bulletin: 2019-03-11
| Intro. by Setzer, Bumgardner, Corbin. | GS 58 |
House committee substitute makes the following changes to the 2nd edition.
Modifies the defined terms capital outlay project for a constituent institution and community college capital outlay project to more specifically include the construction, acquisition, and installation of technology infrastructure at or in support of a UNC constituent institution and community college (was, the building of technology infrastructure). Makes other clarifying and organizational changes to the two terms. Makes clarifying and technical changes to the definition of cost and expands the term to include costs incurred by the State in administering the bond issues, including costs of trustees, escrow agents, arbitrage rebate liability consultants, securities disclosure counsel or similar consultants, tax consultants and financial advisors, to the extent and as determined by the State Treasurer. Makes technical changes to the term par formula. Modifies the defined term public school capital outlay project to more specifically include the construction, acquisition, and installation of technology infrastructure for a public school building (was, the building of technology infrastructure). Makes further clarifying and organizational changes to the term.
Makes technical changes to refer to the act rather than the section throughout the act.
Makes technical corrections to the total amounts set forth in Section 1.(e) of the act which may be granted to counties for paying the cost of public school capital outlay projects.
Adds to the special allocation provisions concerning bond proceeds allocated for public school capital outlay projects. Now requires the State Board of Education (State Board) to determine the public school capital outlay projects to be financed with the bond proceeds based upon the act's criteria and upon application by the county in which the project is to be located or that will otherwise be served by the project. Makes clarifying, technical, and organizational changes to the local match provisions for public school capital outlay projects which are allocated bond proceeds. Adds a new provision directing the State Board to require counties to report annually on the impact of funds provided under the act on the property tax for that year. Specifies the reports are public documents and must be furnished to any citizen upon request. Further amends the special allocation provisions concerning bond proceeds allocated for public school capital outlay projects, providing that the General Assembly encourages consideration by counties and local school administrative units of projects that primarily involve materially improving the energy efficiency of the school facility (previously, directed the State Board to give consideration to those projects).
Adds to the special allocation provisions concerning bond proceeds allocated for outlay projects for a constituent institution. Now requires the UNC Board of Governors (BOG) to determine the capital outlay projects for constituent institutions to be financed with the bond proceeds based upon the act's criteria and upon application by the county in which the project is to be located or that will otherwise be served by the project. Amends further to make clarifying changes.
Adds to the special allocation provisions concerning bond proceeds allocated for outlay projects for a community college. Now requires the Community Colleges System Office to determine the capital outlay projects for community colleges to be financed with the bond proceeds based upon the act's criteria and upon application by the county in which the project is to be located or that will otherwise be served by the project. Amends further to make clarifying changes. Specifies that no funds are required to match bond proceeds allocated in the act for the enterprise resource planning information technology (ERP system) project.
Amends the bond question ballot language to now describe the bond's purpose as funding capital improvements, construction of new facilities, and the renovation and rehabilitation of existing facilities for the State's public education system in local school administrative units, community colleges in the NC Community College System, and constituent institutions of UNC (previously, separated the different capital outlay projects and set out their respective total allocations by the act).
Modifies the broad construction directive concerning the act's interpretation, providing that the General Assembly finds the projects identified under the act to constitute an interrelated, united, and single plan for the State's public education system (was, for the State's infrastructure) when taken together.
| Intro. by Moore, Johnson, Elmore, Horn. | UNCODIFIED |
House committee substitute makes the following changes to the 1st edition.
Amends GS 122C-263 and GS 122C-283 by removing redundant language, now providing that a law enforcement officer or individual required to provide transportation under GS 122C-251(g) must take the respondent to a facility or other location identified by the LME/MCO in the community crisis services plan that has an available commitment examiner and is capable of performing a first examination in conjunction with a health screening at the same location, unless circumstances indicate the respondent appears to be suffering a medical emergency, in which case the law enforcement officer will seek immediate medical assistance. Also amends those statutes to refer to "individuals with mental illnesses" instead of to the "mentally ill." Further amends GS 122C-283 by making clarifying changes and making language gender-neutral. Applies to proceedings initiated on or after October 1, 2019.
Amends GS 143B-139.4B by making clarifying changes.
| Intro. by Rules, Calendar, and Operations of the House. | GS 7A, GS 7B, GS 14, GS 55, GS 105, GS 120, GS 122C, GS 143B |
Directs the Department of Health and Human Services (DHHS) to suspend development of the NC FAST system to the extent it relates to case-management functionality for the child welfare system and aging and adult services programs. Permits DHHS to continue the development and improvement of case-management functionality for the child welfare component of NC FAST only in the counties that participated in the initial pilot program prior to January 1, 2019.
| Intro. by Stevens. | UNCODIFIED |
Includes whereas clauses. Directs the Department of Public Safety (DPS) and the City of Wilmington (City) to continue the development and implementation of the Quick Response Team Pilot Project (Project) to address the needs of opiate and heroin overdose victims who are not getting follow-up treatment. Requires DPS and the City to report the results of the Project to the specified NCGA Committee of the 2021 Regular Session upon the NCGA's reconvening. Appropriates $250,000 in nonrecurring funds from the General Fund to DPS for the 2020-21 fiscal year for the described purposes. Effective July 1, 2020.
| Intro. by Davis. | APPROP, STUDY, New Hanover |
Amends GS 7A-304 to assess specified costs of local law enforcement crime lab analysis as part of the court costs to be paid by the offender (previously, the cost was limited to services of a crime lab operated by a local government or group of local governments). Included fees are those in cases in which: (1) the lab has performed DNA analysis of the crime, test of bodily fluids of the defendant for the presence of alcohol or controlled substances, or analysis of any controlled substance possessed by the defendant or the defendant's agent and the court finds that the work is equivalent to the same kind performed by the NC State Crime Lab; (2) in cases in which as part of the investigation leading to conviction, the lab has performed digital forensics and the court finds that the work performed at the lab is equivalent to the same kind of work performed by the NC State Crime Lab; or (3) the expert witness who completes a chemical analysis, a forensic analysis, or a digital forensics analysis and provides testimony about the chemical or forensic analysis in the defendant's trial. Applies to costs assessed on or after July 1, 2019.
| Intro. by Faircloth, McNeill, Boles, Davis. | GS 7A |
Amends GS 131D-2.15 to clarify that the Department of Health and Human Services (DHHS) is required to ensure that adult care home facilities conduct and complete a resident assessment within 72 hours after admission and annually thereafter. Adds to the statute, permitting adult care home facilities to use a service plan that was completed as a result of an assessment to determine a resident's eligibility for personal care services under the Medicaid State Plan to fulfill the activities of daily living portion of any service or care plan required by the statute or any rules adopted under Article 1, GS Chapter 131D, concerning adult care homes. Makes clarifying and technical changes.
| Intro. by Dobson, White, Barnes, Black. | GS 131D |
Amends GS 25-3-506, increasing the maximum processing fee for returned checks accepted in payment for goods or services from $25 to $35. Makes language gender-neutral and makes further technical and clarifying changes. Applies to checks dated on or after October 1, 2019.
Amends GS 53-176, increasing the maximum loan processing fee a licensee under the North Carolina Consumer Finance Act can assess, from $25 for loans up to $2,500 and 1% of the cash advance for loans above $2,500, not exceeding a total fee of $40, to $50 for loans up to $5,000 and 1% of the cash advance for loans above $5,000, with no maximum total fee amount specified. Applies to contracts entered into, renewed, or modified on or after October 1, 2019.
Amends GS 163A-1303, requiring every individual staffing an early one-stop voting site to meet the same qualifications and requirements as individuals appointed as precinct officials under GS 163A-815. Specifies that individuals staffing early one-stop voting sites are not required to be residents of a specific precinct.
| Intro. by Speciale. | GS 163A |
Adds to the defined terms set out in GS 62-3 as applied to GS Chapter 62, Public Utilities. Excludes from the term public utility a person who uses an electric vehicle charging station to resell electricity to the public for compensation if four criteria are met, as described. Specifies that the definition does not limit the ability of an electric power supplier to use electric vehicle charging stations to furnish electricity for charging electric vehicles. Further specifies that any increases in consumer demand or energy consumption associated with transportation electrification are not found revenues for an electric public utility.
| Intro. by Szoka, Arp, Hanig, Warren. | GS 62 |
Amends GS 143-64.12, requiring the energy consumption per gross square foot for all State buildings in total be reduced by 40% by 2025. Increases the frequency of management plan updates for each State agency and State institution of higher learning from biennially to annually. Increases the frequency of reporting utility consumption and costs of each community college from biennially to annually. Directs the State Energy Office to report annually, rather than biennially, to the specified NCGA Commission, Committee, and Division on its comprehensive program to manage utility use for State agencies and State institutions of higher learning.
Amends the definition of energy conservation measure as used in Part 2, Article 3B, GS Chapter 143 (Energy Saving Measures for Governmental Units) set out in GS 143-64.17. Now defines the term to mean a facility or meter alteration, training, or services related to the operation of the facility or meter, when the alteration, training, or services provide anticipated energy savings or generate revenue (was, or capture lost revenue). Now specifically includes proper air and duct sealing of all applicable areas in the building in insulating the building structure and systems. Expands the term to include building analytics systems that allow for advanced software utilizing statistical modeling and machine learning, whether or not supervised, to establish data-driven benchmarks, predict future energy performance, and find additional energy saving opportunities. Amends the definition of energy savings as used in Part 2, to refer to "generated revenues" rather than "captured lost revenues."
Amends GS 143-135.37 to now require every major facility construction project of a public agency to have the building designed and constructed so that the calculated energy consumption is at least 40% (was, 30%) less than the energy consumption for the same building as calculated using the specified energy-efficiency standard. Similarly increases the energy efficiency standard for major facility renovation projects of public agencies from at least 20% to at least 30% less than the energy consumption for the same renovated building as calculated using the specified energy efficiency standard. Increases the indoor potable water use standard for every major facility construction or renovation project of a public agency from at least 20% to at least 30% less than the same building as calculated using the specified fixture performance requirements.
Requires every State agency and State institution of higher learning to conduct a preliminary practicality and feasibility analysis of implementing energy conservation measures for all building greater than 20,000 square feet in size that have been in use for more than 10 years. Defines economic feasibility to mean the resulting energy savings will cover the cost of implementing the measures within 10 years. Requires the analysis be completed and a report submitted to the State Energy Office no later than May 31, 2020. Details the required findings that must be included following certain determinations. Requires implementation, as specified, of the measures if they are found to be practical and economically feasible, including issuing a request for proposal (RFP) no later than December 31, 2020, if the agency or institution decides to issue an RFP for a guaranteed energy savings contract for one or more buildings to achieve energy conservation measures. Requires each State agency and State institution of higher learning to repeat the described analysis process for all buildings greater than 10,000 square feet in size and that have been in use for more than 10 years no later than May 31, 2025, with RFPs issued for a guaranteed energy savings contract no later than December 31, 2025. Excludes any building for which a practicality and economic feasibility analysis of implementing energy conservation measures has been conducted within 3 years prior to the effective date of the act. Specifies that the provisions do not prohibit any State agency or State institution of higher learning from issuing any RFPs for a guaranteed energy savings contract.
Repeals Sections 4.2(a) and 4.2(b) of SL 2017-10, which repealed the annual reporting requirement of the Department of Administration on the implementation of the Sustainable Energy Efficient Building Program set out in GS 143-135.39(f) and (g) and GS 143-135.40(b).
| Intro. by Szoka, Arp, Humphrey, Ross. | GS 143 |
Amends GS 62-156(b)(3), which requires that the rates to be paid by electric public utilities for capacity purchased from a small power producer be established with consideration of the reliability and availability of the power. Provides that a future capacity need must only be avoided in a year where the utility's most recent biennial integrated resource plan filed with the Utilities Commission (Commission) has identified a projected capacity need to serve system load and the identified need can be met by the type of small power producer resource based upon its availability and reliability of power, other than hydropower, if the hydroelectric power facility total capacity is equal to or less than five megawatts, or swine or poultry waste for which a need is established (previously did not include an exception for hydropower).
Amends GS 62-133.8 to require that the Commissions's standards for interconnection of renewable energy facilities and other nonutilty-owned generation with a generation capacity of 10 megawatts or less to an electric public utility's distribution system include an expedited review process for hydroelectric power projects of two megawatts or less.
| Intro. by Szoka, Arp. | GS 62 |
The Daily Bulletin: 2019-03-11
AN ACT TO EXTEND THE DEADLINE TO APPLY FOR THE HURRICANE FLORENCE AGRICULTURAL DISASTER PROGRAM OF 2018 FOR CERTAIN COUNTIES THAT RECEIVED A PRESIDENTIAL OR SECRETARIAL DISASTER DECLARATION AS A RESULT OF HURRICANE MICHAEL AFTER THE ORIGINAL DEADLINE. Enacted March 8, 2019. Effective March 8, 2019.
| Intro. by Sawyer, Ballard, B. Jackson. | UNCODIFIED |
Identical to H 220, filed 2/27/19.
Part I. Captive Insurance
Amends GS 58-10-395, concerning changes to a captive insurance company’s plan of operation, to make GS 58-10-345(f), making information confidential, applicable to information filed under this statute.
Amends GS 58-10-415(c) to allow the Commissioner of Insurance (Commissioner) to grant an exemption from the statute (concerning annual audits and statement of actuarial opinion) if compliance would constitute a financial or organizational hardship upon the insurer.
Amends GS 58-10-430 by allowing the Commissioner to conduct a financial analysis of information submitted to or obtained by the Commissioner and provides that the captive insurance company does not have to pay the expense of the analysis. Makes conforming changes.
Amends GS 58-10-340 by adding and defining governing board as it applies to captive insurance companies, as the board of directors or officials possessing similar authority. Amends various statutes to reflect this change.
Amends GS 58-10-380 by requiring at least one member of the governing board be a state resident; removes requirements that were dependent on how the company was formed.
Amends GS 58-10-380 to allow a captive insurance company’s organizational documents (was, articles of incorporation or bylaws) to authorize a quorum of its governing board to consist of no fewer than one-third of the fixed or prescribed number.
Amends GS 105-228.4A to exclude two or more protected cell captive insurance companies or special purpose captive insurance companies with a cell or series structure that are under common ownership from those that are taxed as single captive insurance companies. Amends GS 105-228.4A further to provide that the aggregate amount of tax payable under the statute by a special purpose captive insurance company with a cell or series structure with 10 or more cells or series may not be less than $10,000 and may not exceed the lesser of (1) $100,000 plus $5,000 multiplied by the number of cells or series over 10 and (2) $200,000. Effective for premium taxes imposed for taxable years beginning on or after January 1, 2020.
Amends GS 105-228.4A by adding an exemption from prorated premium taxes for the year in which the redomestication occurs and the premium taxes imposed for the calendar year following the redomestication if the specified conditions are met. Effective for premium taxes imposed for taxable years beginning on or after January 1, 2019, and expires for taxable years beginning on or after January 1, 2022.
Part II. Holding Company Act
Amends GS 58-19-10 to amend the investments that a domestic insurer may make to include investments in securities of affiliates as well as subsidiaries.
Part III. Surplus Lines
Repeals GS 58-21-40(b)(3), which required the North Carolina Surplus Lines Association (NCSLA) to file with the Commissioner an annually updated list of surplus lines licensees.
Amends GS 58-21-75 by amending the records that are to be kept by surplus lines licensees to require records to include a copy of the compliance agreement. Removes reference to the licensee’s office being in the state.
Repeals GS 58-21-80, which required surplus lines licensees to file quarterly reports on specified information. Makes conforming changes to GS 58-21-35.
Amends GS 58-21-95 to allow the Commissioner to take specified disciplinary actions upon failure to pay the stamping fee; removes the authority to act upon removal of the surplus lines licensee’s office from the state.
Part IV. Align State law to the NAIC Model Law
Amends GS 58-30-71 (immunity and indemnification of the receiver and employees) as follows. Clarifies who is entitled to protection under the statute. Provides that a receiver’s contractors have official immunity. Extends immunity for all listed individuals so that it applies to any matters that have been subject to review by the court after notice and opportunity to be heard if the act error, or omission was not disapproved or disallowed by the court. Makes conforming changes.
Part V. Consent to Rate
Amends GS 58-36-30 by adding that a rate exceeding the rate promulgated by the Bureau may be charged on any specific risk if the higher rate is charged in accordance with rules adopted by the Commissioner. Makes additional clarifying and technical changes.
Part VI. Fast Act
Amends GS 58-39-26 by adding that an insurance institution or agent is not required to provide the privacy notice annually if: (1) the insurance institution or agent provides nonpublic personal information only in accordance with the specified provisions and (2) the insurance institution or agent has not changed its policies and practices with regard to disclosing nonpublic personal information from those that were disclosed in the most recent disclosure sent to consumers.
Part VII. Expedited External Review
Amends GS 58-50-82 by amending the four options available when a request is eligible for external review and the covered person’s treating provider requesting the service that is the subject of the external review has certified the request. Effective October 1, 2019, and applies to requests for expedited review submitted on or after that date.
Amends GS 58-50-89 by removing the hold harmless provision for medical professionals rendering advice to the Commissioner.
Part VIII.
Amends GS 58-50-56 by removing the provision allowing a person enrolled in a preferred provider benefit plan to obtain covered health care services from a provider who does not participate in the plan. Makes the preferred provider benefit plan coverage limitations subject to GS 58-3-190 (coverage required for emergency care).
Enacts new GS 58-50-56.1 providing that if (1) a contract between an insurer and a health care provider offering an exclusive provider benefit plan is terminated by the provider or by the insurer, or benefits or coverage provided by the insurer are terminated because of a change in the terms of provider participation in an insurer's exclusive provider benefit plan and (2) an insured is undergoing treatment from the provider for an ongoing special condition on the date of termination, then: (1) upon termination of the contract by the insurer or receipt by the insurer of written notification of termination by the provider, the insurer must notify the insured of the termination and of the right to continuation of coverage of treatment by the provider and (2) the insurer must allow an insured to elect to continue to be covered with respect to the treatment by the terminated provider for the ongoing special condition during a transitional period. Sets out transitional periods in general, for scheduled surgery, organ transplantation, or inpatient care; for pregnancy; and for terminal illness.
Requires each exclusive provider benefit plan offered by an insurer to provide transition coverage to individuals who (1) are newly covered under an exclusive provider benefit plan because the individual's employer has changed benefit plans and (2) are undergoing treatment from a provider for an ongoing special condition.
Allows an insurer to condition coverage of continued treatment on six specified terms and conditions. Requires insurers to include a description of an insured’s rights in its evidence of coverage and summary plan description.
Allows the Department of Insurance to adopt temporary rules to implement the statute.
Part IX. Bail Bondsman
Amends GS 58-71-1 which defines terms for use in Article 71, Bail Bondsmen and Runners, by adding and defining premium.
Amends GS 58-71-45 to provide that a license to a bail bondsman or a runner authorizes the licensee to act until the license is lapsed (in addition to when it is suspended or revoked). Requires that a license be returned to the Commissioner within 10 working days of the lapse, suspension, or revocation.
Amends GS 58-71-165 by amending and adding to the items that must be included in the bail bondman’s monthly report.
Amends GS 58-71-167 to require that a copy of the specified agreement and memorandum between the principal and surety for deferral of premium payments be provided to the principal (was, provided only upon request).
Part X. State and Fire Rescue Commission
Amends GS 58-78-5 to allow the State and Fire Rescue Commission to adopt, modify, or repeal any rules and regulations necessary to carry out Article 78 (State and Fire Rescue Commission).
Part XI. Prepaid Health Plan
Amends GS 58-93-20 to make a clarifying change.
Amends GS 58-93-30 to set the specified fees at the listed amounts instead of capping the allowable fee at that amount.
Amends GS 58-93-60 by requiring the Commissioner to notify DHHS before examining a PHP and requires providing DHHS with the results of the examination.
Amends GS 58-93-90 by requiring the Commissioner to provide DHHS with notice before applying for an order to rehabilitate or liquidate a PHP; allows for notice as soon as possible after seeking the order if prior notice is not possible.
Amends GS 58-93-95 to require that a copy of a notice that there are grounds to deny, suspend, or revoke a license for a PHP be given to DHHS.
Amends a statutory cross-reference in GS 58-90-120.
Part XII. Application to NC Self-Insurance Security Association
Amends GS 97-170 to require that a copy of an application for licensure as a self-insurer be filed with the NC Self-Insurance Security Association at the same time as the application is filed.
Part XIII. Criminal Penalties
Amends GS 58-2-161 to add penalties for a person who takes the specified actions with the intent to injure, defraud, or deceive an insurer or insurance claimant; penalties vary from a Class 1 misdemeanor to a Class C felony depending on the value of the claim for payment (previously all violations were a Class H felony). Allows an additional penalty of up to $10,000 for each violation. Allows, instead of requiring, that each claim be considered a separate count.
Amends GS 58-2-164 to make the specified actions intended to deceive an insurer a Class 1 misdemeanor instead of a Class 3 misdemeanor; removes solicitation and conspiring to commit specified acts. Increases the penalty to a Class H felony when the violation is committed with respect to an application for insurance or amendment to a policy of auto insurance for more than one passenger vehicle.
Amends GS 58-3-150 to make it unlawful for any person, with the intent to injure, defraud, or deceive, to prepare, issue, or request a certificate of insurance that meets the specified statutory criteria. Violations are a Class 1 misdemeanor or Class I felony depending on the value of the certificate of insurance.
Applies to offenses committed on or after December 1, 2019.
Identical to H 320, filed 3/11/19.
Directs the Department of Health and Human Services (DHHS) to suspend development of the NC FAST system to the extent it relates to case-management functionality for the child welfare system and aging and adult services programs. Permits DHHS to continue the development and improvement of case-management functionality for the child welfare component of NC FAST only in the counties that participated in the initial pilot program prior to January 1, 2019.
| Intro. by Krawiec, Hise. | UNCODIFIED |
Amends GS 20-37.6, permitting a vehicle owner who is handicapped to request a distinguishing registration plate decal (decal) to be placed on the registration plate of an already registered vehicle as an alternative to applying for and displaying a distinguishing license plate. Sets the fee for a decal at $10. Makes the existing provisions regarding general parking for vehicles driven by or transporting a handicapped person, registered owners' eligibility to receive one removable windshield placard, and registration plate application and renewal and enforcement which are applicable to distinguishing license plates also applicable to decals. Makes it a Class 2 misdemeanor to sell a decal. Makes parking or leaving a vehicle in a space designated for handicapped persons without a decal, and unauthorized use of a decal, infractions punishable by a fine of at least $100 but no more than $250. Adds distinguishing registration plate decal to the defined terms in GS 20-37.5. Effective February 1, 2020.
| Intro. by Gallimore, Tillman. | GS 20 |
Includes several whereas clauses. Establishes that SL 2018-144 (Implementation of Voter ID Constitutional Amendment) does not apply to any election held in 2019 for which the filing period opens prior to September 1, 2019 (the date set forth in Section 1.5(a)(8) of SL 2018-144, by which the State Board of Elections and Ethics Enforcement is required to notify each registered voter who does not have a North Carolina issued drivers license or identification card of the law's provisions).
Maintains all implementation and educational efforts by the State and counties during 2019 set out in SL 2018-144.
Repeals Section 2 of SL 2018-146, which provides that Part I of SL 2018-144 (Implementation of the Constitutional Requirement Requiring Photographic Identification to Vote) does not apply to any new election ordered under GS 163A-1181 in a 2018 election contest.
| Intro. by Hise, Daniel. | UNCODIFIED |
As title indicates.
| Intro. by Brown, D. Davis, Sanderson. | JOINT RES |
Amends GS 7A-60(a1), which sets forth the number of assistant district attorneys for each prosecutorial district, by renumbering the prosecutorial districts as specified. Effective July 1, 2019.
Further amends GS 7A-60(a1), as amended, splitting District 25 (Burke, Caldwell, Catawba; currently District 36), which is assigned 19 ADAs, into new District 25A (Burke, Caldwell) with 9 assigned ADAs and new District 25B (Catawba) with 10 assigned ADAs. Effective January 1, 2023.
| Intro. by Britt, Daniel. | GS 7A |
Modifies GS 71A-3, which recognizes the Lumbee Tribe of North Carolina, to provide for the Tribe's continued enjoyment of all rights, privileges, and immunities as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers similar to the State, being recognized as eligible for US special programs and services for Indians (previously, provided for continued enjoyment of all rights, privileges, and immunities enjoyed by them as citizens of the State subject to all the obligations and duties as citizens under the law).
| Intro. by Britt, Bishop, McInnis. | GS 71A |
Amends GS 115C-270.1 to define accredited educator preparation program or accredited EPP, defining the term to mean an entity that is located in the US and accredited to prepare, train, and recommend students for educator licensure by the Council for the Accreditation of Educator Preparation.
Amends GS 115C-270.10, adding a fee for an initial application for a new graduate from any accredited EPP to the fees that may be set forth in the fee schedule for professional educator licensure by the State Board of Education (State Board). Amends the permitted fees to include application for an out-of-state applicant, rather than initial application for an out-of-state applicant. Makes conforming changes.
Amends GS 115C-270.15, making the examination scores set out for initial professional licenses permissive rather than mandatory. Changes the timeline for an applicant to meet the minimum scores for testing before or during the applicant's third year of teaching (was, before or during the applicant's second year of teaching, provided the applicant took the exam at least once during the first year of teaching). Makes conforming and clarifying changes.
Amends GS 115C-270.20, which requires the State Board to adopt rules for the issuance of certain classes of teacher licenses. Sets forth criteria for rules adopted pursuant to the statute, including requirements for out-of-state applicants consistent with GS 115C-270.25, as amended, and an alternative method of an applicant demonstrating academic and professional preparation if the applicant does not meet minimum scores for standard examinations but meets specified administrative requirements. Makes conforming changes to the classes of licenses to include satisfaction of administrative requirements and enrollment or completion of an accredited EPP, as specified.
Replaces the existing language of GS 115C-270.25 regarding out-of-state applicants. Now requires an out-of-state applicant with a full license in good standing be issued a continuing professional license by the State Board immediately upon the applicant meeting any administrative requirements established by the State Board. Requires out-of-state applicants who have successfully completed or are enrolled in an accredited EPP in another state but has not received a full teaching license in another state to meet the same requirements of an applicant who successfully completed or is enrolled in a recognized EPP located in the State.
Amends GS 93B-15.1(j), providing that for military spouses holding a current teaching license in another jurisdiction, GS 115C-270.25, as amended, applies when issuing teacher licenses. Excepts from the general provision deeming the State Board the occupational licensing board provisions of the statute regarding military spouses who hold a current teaching license from another jurisdiction.
Amends GS 136-32 to allow a citizen to remove a political sign that remains in a public right-of-way after 30 days from the date that the signs are required to be removed. Requires the citizen to deliver the sign to the county boards of elections office within 72 hours of removing the sign; failure to do so subjects the citizen to the penalties already set out in the statute for unlawful removal of signs. Requires the director of the county board of elections to attempt to notify and return the political sign to the candidate, committee, or campaign, but allows the sign to be disposed of if after 15 days attempts to notify the campaign are unsuccessful.
| Intro. by D. Davis, Tillman, Hise. | GS 136 |
Amends GS 10B-20 as the title indicates.
| Intro. by D. Davis, Daniel, Hise. | GS 10B |
Enacts new GS 163A-955, as title indicates.
| Intro. by D. Davis, Hise, Daniel. | GS 163A |
The Daily Bulletin: 2019-03-11
Amends Section 2.02 of the Charter of the City of Conover set out in SL 1977-78, which provides that all extensions of the City's corporate boundaries are governed by general state law. Authorizes annexations without a referendum on the annexation ordinance required by law under GS 160A-58.55(i) (Referendum vote on annexation ordinance) and GS 160A-58.64 (Referendum prior to involuntary annexation ordinance) if the total area to be annexed is completely surrounded by the City's primary corporate limits. Specifies that the remaining provisions of Part 7, Article 4A, GS Chapter 160A (Annexations Initiated by Municipalities) apply to annexations authorized by the Section, as amended. Provides for property tax liability for real and personal property in the area annexed under the Section, as amended, to be governed by GS 160A-58.10 (Tax of newly annexed territory).
| Intro. by Adams. | Catawba |
Repeals the following laws relating to hunting in Cleveland County: SL 1907-388 (prohibits taking any fox in Cleveland County or the part of Burke County south of Catawba River between the first day of March and the first day of December unless the fox is depredating among domestic fowls or destroying something of value); SL 1951-1101 (prohibits taking red foxes); and Sections 1, 3, and 6 of SL 1979-587 (requires written permission of a landowner or lessee to carry a rifle, to hunt, or to hunt deer; limits the scope of the law's provisions to Cleveland County lying north of US Highway 74 and south of secondary road 1361 and NC Highway 182). Makes conforming changes to GS 113-133.1(e), which explicitly retained certain local acts of Cleveland County notwithstanding the limitations set upon local regulation of wildlife. Amended to specify Sections 2, 4, and 5 of SL 1979-587 are retained as applicable to Cleveland County.
Amends SL 1979-587 to now prohibit the discharge of any firearm from, to, or across the roadway or right-of-way of any State-maintained road or highway (was, discharge of any centerfire rifle from, to, or across any State-maintained road or highway), punishable by a fine of at least $100 but no more than $250 and/or imprisonment no more than 30 days. Makes conforming changes to clarify the transportation of the firearm is permissible within or on a motor vehicle. Changes the enforcement provision of the act, now granting authority to law enforcement to enforce the act without first receiving a landowner or lessee's request.
Amends Section 1, SL 2018-10, adding Cleveland County to the scope of the act, which establishes an open season for taking foxes with weapons and foxes and coyotes by trapping during the trapping season set by the Wildlife Resources Commission, with no tagging requirements before or after sale and no bag limit.
Effective October 1, 2019.
| Intro. by Hastings. | Cleveland |
Applicable only to the City of Hendersonville, enacts Article 47 to GS Chapter 105. Subject to voter approval, authorizes the City to levy a one-quarter cent sales and use tax in addition to any other State and local sales and use taxes levied. Requires the tax to be levied by resolution and only after 10 days' public notice. Sets parameters for an election on the question, and provides ballot language. Provides for the administration of the tax. Requires the Secretary of Revenue to monthly distribute the net proceeds collected from the tax to the City, and provides for apportionment in situations where proceeds cannot be identified as attributable to a particular taxing municipality. Specifies that amounts collected by electronic funds transfer payments are included in the monthly distribution in which the return that applies to the payment is received. Authorizes the City to use the net proceeds of the tax levied under Article 47 for street improvement, defined as grading, surfacing, widening, or paving a street; acquiring one or more rights-of-way for a street; and constructing a sidewalk, curb, or gutter.
| Intro. by McGrady. | Henderson |
The Daily Bulletin: 2019-03-11
Authorizes Manteo to make, adopt, and enforce ordinances for the navigable waters within its municipal limits as to: (1) operation of boats and vessels and types of activities conducted on the navigable waters within the Manteo municipal limits; (2) restricting the anchoring and mooring of boats and vessels as to location and generally regulating the anchoring and mooring of vessels within its navigable waters; (3) placing and maintaining channel aids and markers, anchoring aids and markers, and navigational aids and markers in conformity with the US Aids to Navigation System and the rules of the Wildlife Resources Commission as adopted for use on the waters of the state; (4) making all reasonable rules and regulations as it deems necessary for the safe and proper use of the navigable waters within Manteo's municipal limits; (5) providing for the enforcement of ordinances adopted by Manteo under this act. State or federal rules or regulations supersede the city ordinance in the event of a conflict. Gives duly sworn law enforcement officers of the city the authority to enforce ordinances adopted under this act.
Adds the described property, which includes navigable waters, to Manteo's corporate limits and exempts it from taxation by Manteo.
Effective July 1, 2019.
| Intro. by Steinburg. | Dare |
Actions on Bills: 2019-03-11
H 67: ROAD BARRIER PROHIBITION.
H 76: SCHOOL SAFETY OMNIBUS.
H 82: RAILROAD CROSSINGS/ON-TRACK EQUIPMENT.
H 100: DOT BUDGET FOR 2019-2021 BIENNIUM. (NEW)
H 114: GROSS PREMIUM TAX/PHPS.
H 158: COVID-19 NEW DRIVER RESPONSE. (NEW)
H 224: ASSAULT W/ FIREARM ON LEO/INCREASE PUNISHMENT.
H 241: EDUCATION BOND ACT OF 2019.
H 252: HONOR WALTER B. JONES, JR., FORMER MEMBER.
H 263: FILL VACANCIES/MODIFY 2018 APPOINTMENTS.
H 264: GSC TECHNICAL CORRECTIONS 2019.
H 265: AMEND HOUSE PERMANENT RULES - APRIL MEETINGS.
H 298: RESTORE LOTTERY REVENUE DISTRIB. STRUCTURE.
H 300: EXTEND FUNDS DEADLINE FOR AUCTIONEERS.
H 301: CIP REVISIONS/JUVENILE CODE.
H 302: AUTHORIZE SPORTS WAGERING ON TRIBAL LANDS.
H 303: RECORD OF EXCUSALS FROM JURY DUTY.
H 305: SUMMER SCHOOL STUDY/COLLEGE ADV. CORPS. (NEW)
H 306: RISK-BASED REMEDIATION/ANIMAL WASTE MGMT.
H 307: MOD. UTILITY VEHICLE CLASSIFICATION. (NEW)
H 308: REGULATORY REFORM ACT OF 2020. (NEW)
H 309: ADVERSE POSSESSION CHANGES.
H 310: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.
H 312: HATE CRIMES PREVENTION ACT.
H 313: MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES.
H 314: CONST. AMENDMENT/REPEAL LITERACY TEST.
H 315: INSTRUCTIONAL MATERIAL SELECTION.
H 317: ADD'L MAGISTRATES IN MECKLENBURG COUNTY.
H 320: SUSPEND CHILD WELFARE/AGING COMPONENT/NC FAST.
H 321: PILOT PROJECT TO TREAT OPIOID OVERDOSE.
H 323: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.
H 325: OPIOID EPIDEMIC RESPONSE ACT. (NEW)
H 327: FEES/RETURNED CHECKS/LOAN PROCESSING.
H 328: SAME REQS/OFFICIALS/EARLY VOTE & ELECTION DAY.
H 329: RENEWABLE ENERGY AMENDS. (NEW)
H 330: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.
H 331: SMALL HYDRO AMENDS.
S 20: EMERGENCY WORKER PROTECTION ACT.
S 56: REVENUE LAWS TECHNICAL CHANGES.
S 106: CLARIFY LIMITED IMMUNITY/OVERDOSE VICTIMS.
S 127: PROTECT GOVERNMENTAL ACCOUNTABILITY.
S 144: ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS. (NEW)
S 155: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.
S 206: ADD'L JUDGE AND MAGISTRATES IN UNION COUNTY.
S 208: COVID-19 IMMUNITY/IHES. (NEW)
S 209: HATE CRIMES PREVENTION ACT.
S 210: ORGAN & TISSUE DONATION/HEART HEROES.
S 211: INSURANCE TECHNICAL CHANGES.-AB
S 212: CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW)
S 213: HANDICAPPED PARKING DECAL.
S 214: ENSURE ORDERLY 2019 ELECTIONS.
S 216: HONOR WALTER B. JONES, JR., FORMER MEMBER.
S 217: UI/PRECINCT WORKERS/2020 GENERAL ELECTION. (NEW)
S 218: CLARIFY STATE RECOGNITION - LUMBEE INDIANS.
S 219: MODIFY TEACHER LICENSING REQUIREMENTS.
S 220: REMOVAL OF POLITICAL SIGNS BY CITIZENS.
S 221: RESTRICT CERTAIN ABSENTEE BALLOT NOTARY ACTS.
S 222: VERIFY POLITICAL PARTY SUBCOMMITTEES.
Actions on Bills: 2019-03-11
H 4: CLAREMONT DEANNEXATION.
H 7: GRAHAM COUNTY OCCUPANCY TAX.
H 84: CITY OF KANNAPOLIS/ANNEXATION.
H 299: HENDERSON CTY/BUILD COMMUNITY COLLEGE BLDGS.
H 304: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.
H 311: GREENSBORO/REAL PROPERTY CONVEYANCES.
H 316: MEALS TAX FOR ROCKINGHAM SPEEDWAY.
H 322: CITY OF CONOVER/DONUT ANNEXATIONS.
H 324: CLEVELAND/CALDWELL COUNTIES HUNTING OMNIBUS. (NEW)
H 326: HENDERSONVILLE LOCAL OPTION SALES TAX.
S 12: FILL CERTAIN VACANCIES/ALEXANDER & BURKE CO. (NEW)
S 207: MECKLENBURG CTY/PUBLIC-PRIVATE AGREEMENTS.
S 215: MANTEO NAVIGABLE WATERS.
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